Federal Register / Vol. 85, No. 46 / Monday, March 9, 2020 / Rules and Regulations 13493 for CBP employees stationed along the Small Business Regulatory Enforcement DEPARTMENT OF HOMELAND southern border, the total cost to DHS Fairness Act of 1996 SECURITY with the EDCP software would be about $5.1 million in the first three years. If This rule is not a major rule as Coast Guard defined by section 251 of the Small future implementation decisions or 33 CFR Part 105 changes in the volume of apprehensions Business Regulatory Enforcement ultimately resulted in annual Fairness Act of 1996. 5 U.S.C. 804. This [Docket No. USCG–2017–0711] submission of a number of additional rule will not result in an annual effect RIN 1625–AC47 DNA samples less than or greater than on the economy of $100 million or 748,000, required work hours and more; a major increase in costs or prices; TWIC—Reader Requirements; Delay of resulting costs would be reduced or or significant adverse effects on Effective Date increased correspondingly. competition, employment, investment, AGENCY: Coast Guard, DHS. The FBI would also need to provide productivity, or innovation, or on the ACTION: Final rule. additional DNA-sample collection kits, ability of United States-based at a per-kit cost of $5.38, in sufficient enterprises to compete with foreign- SUMMARY: The Coast Guard is delaying numbers to collect samples at the based enterprises in domestic and the effective date for three categories of volumes described above. For example, export markets. facilities affected by the final rule assuming a 3-year phase-in period with entitled, ‘‘Transportation Worker an additional third of the eligible List of Subjects in 28 CFR Part 28 Identification Credential (TWIC)— population added in each successive Crime, Information, Law enforcement, Reader Requirements,’’ published in the year, the additional sample-collection Prisoners, Prisons, Probation and Parole, Federal Register on August 23, 2016. kit costs to the FBI would be $1,341,413 Records. These three categories are: Facilities that to collect 249,333 samples in the first handle certain dangerous cargoes in year, $2,682,827 to collect 498,667 Accordingly, for the reasons stated in bulk, but do not transfer these cargoes samples in the second year, and the preamble, part 28 of chapter I of title to or from a vessel; facilities that handle $4,024,240 to collect 748,000 samples in 28 of the Code of Federal Regulations is certain dangerous cargoes in bulk, and the third year. The FBI will provide to amended as follows: do transfer these cargoes to or from a DHS, without charge, the same services vessel; and facilities that receive vessels that it provides to other Federal PART 28—DNA IDENTIFICATION carrying certain dangerous cargoes in agencies that collect DNA samples, SYSTEM bulk, but do not, during that vessel-to- including assistance with regard to facility interface, transfer these bulk training, DNA-sample collection kits, ■ 1. The authority citation for part 28 is cargoes to or from those vessels. The postage to return the collected samples, revised to read as follows: Coast Guard is delaying the effective analysis of samples, inclusion in CODIS, date for these categories of facilities by Authority: 28 U.S.C. 509, 510; 34 U.S.C. and handling resulting matches. 3 years. Specifically, this rule will delay 12592, 40702, 40703; 10 U.S.C. 1565; 18 Executive Order 13132—Federalism U.S.C. 3600A; Public Law 106–546, 114 Stat. the implementation of the TWIC Reader rule for 370 of the 525 affected Risk This regulation will not have 2726; Public Law 107–56, 115 Stat. 272; Public Law 108–405, 118 Stat. 2260; Public Group A facilities by 3 years, while the substantial direct effects on the States, Law 109–162, 119 Stat. 2960; Public Law remaining 155 facilities (which are all on the relationship between the national 109–248, 120 Stat. 587; Public Law 115–50, facilities that receive large passenger Government and the States, or on the 131 Stat. 1001. vessels), as well as 1 vessel, will have distribution of power and to implement the final rule responsibilities among the various § 28.12 [Amended] requirements within 30 days after the levels of government. Therefore, in effective date of this rule. ■ 2. Amend § 28.12: accordance with Executive Order 13132, DATES: This final rule is effective May 8, it is determined that this rule does not ■ a. In paragraph (b) introductory text, 2020. have sufficient federalism implications remove ‘‘1.1(p)’’ and add in its place ADDRESSES: Documents mentioned in to warrant the preparation of a ‘‘1.2’’. this preamble as being available in the federalism assessment. ■ b. In paragraph (b)(2), remove ‘‘;’’ and docket are included under docket Executive Order 12988—Civil Justice add in its place ‘‘; or’’. number USCG–2017–0711 and available at https://www.regulations.gov. Reform ■ c. In paragraph (b)(3), remove ‘‘; or’’ FOR FURTHER INFORMATION CONTACT: For This regulation meets the applicable and add in its place ’’.’’. information about this document, call or standards set forth in sections 3(a) and ■ d. Remove paragraph (b)(4). email LCDR Kevin McDonald, Coast 3(b)(2) of Executive Order 12988. Dated: February 26, 2020. Guard CG–FAC–2; telephone 202–372– Unfunded Mandates Reform Act of William P. Barr, 1120; email Kevin.J.Mcdonald2@ 1995 uscg.mil. Attorney General. This rule will not result in the [FR Doc. 2020–04256 Filed 3–6–20; 8:45 am] SUPPLEMENTARY INFORMATION: expenditure by State, local and tribal BILLING CODE 4410–19–P Table of Contents for Preamble governments, in the aggregate, or by the private sector, of $100 million or more I. Abbreviations in any one year, and it will not II. Basis and Purpose, and Regulatory History III. Executive Summary significantly or uniquely affect small IV. Discussion of Comments and governments. Therefore, no actions were Developments deemed necessary under the provisions A. Confusion Relating to the Difference of the Unfunded Mandates Reform Act Between ‘‘CDC Facilities’’ and ‘‘Facilities of 1995. That Handle CDC in Bulk’’ VerDate Sep<11>2014 16:34 Mar 06, 2020 Jkt 250001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\09MRR1.SGM 09MRR1 jbell on DSKJLSW7X2PROD with RULES 13494 Federal Register / Vol. 85, No. 46 / Monday, March 9, 2020 / Rules and Regulations B. Concerns Relating to the Effectiveness of (MTSA),1 and in accordance with Card Holder Unique Identifier (CHUID), Electronic TWIC Inspection section 104 of the Security and validating that the credential has not C. Concerns Regarding Partial Accountability for Every Port Act of been revoked by comparing it to a TSA- Implementation of the TWIC Reader Rule 2006 (SAFE Port Act),2 Congress maintained canceled card list, and D. Problems Estimating the Total Cost of requires the electronic inspection of verifying a person’s biometric (e.g., Implementation of the Electronic TWIC Transportation Worker Identification fingerprint) to the biometric template Inspection Requirement Credential (TWIC®) cards (‘‘electronic stored on the card’s chip. Because E. Use of Electronic TWIC Inspection at Passenger Facilities and Vessels TWIC inspection’’) upon entry to secure electronic TWIC inspection requires F. Miscellaneous Comments areas on vessels and in facilities in the either purchasing TWIC readers, G. Comments on the Regulatory Analysis United States. Specifically, the SAFE integration into an existing physical 1. Comments on the Total Cost of the TWIC Port Act mandates that the Secretary access control system (PACS), or other Reader Rule promulgate final regulations that require solutions, and electronic inspection may 2. Comments on the Economic Impact of the deployment of electronic take longer than visually inspecting the the Rules transportation security card readers.3 To card, the TWIC reader rule applied the 3. Comments on the Use of the TWIC Pilot implement this requirement in an electronic TWIC inspection requirement Program Data effective manner, the Coast Guard only to a high-risk subset of MTSA 4. Comments on Collecting New Cost Data undertook a series of regulatory actions vessels and facilities. H. Conclusion culminating in a requirement to After the publication of the TWIC V. Regulatory Analyses reader rule, the Coast Guard received a A. Regulatory Planning and Review implement electronic TWIC inspection at certain high-risk vessels and facilities variety of communications from persons B. Small Entities affected by the rule concerning the C. Assistance for Small Entities regulated under MTSA. Beginning in D. Collection of Information 2006, the Coast Guard and the scope and cost of the rule. Most E. Federalism Transportation Security Administration significantly, numerous parties took F. Unfunded Mandates Reform Act (TSA) conducted a variety of issue with how the Coast Guard defined G. Taking of Private Property rulemaking actions to implement the some of the high-risk facilities that were H. Civil Justice Reform requirements. This culminated in the subject to the electronic TWIC I. Protection of Children 2016 publication of a final rule inspection requirement. While the Coast J. Indian Tribal Governments implementing the requirement for Guard had proposed and finalized text K. Energy Effects electronic TWIC inspection (the ‘‘TWIC that applied the electronic TWIC L. Technical Standards Reader rule’’).4 A detailed summary of inspection requirement to ‘‘facilities M. Environment these actions is available in the that handle certain dangerous cargoes I. Abbreviations preamble to the notice of proposed (CDC) in bulk,’’ various parties expressed confusion with that phrase. ANPRM Advanced notice of proposed rulemaking (NPRM) (the ‘‘TWIC Delay 5 After the rule published, they stated that rulemaking NPRM’’) for this rule. Existing regulations require all they had interpreted that phrase to CDC Certain Dangerous Cargoes mean that the regulation applied only to CFR Code of Federal Regulations eligible persons who require unescorted facilities where bulk CDC was COTP Captain of the Port access to secure areas of MTSA- DHS Department of Homeland Security regulated facilities to possess a TWIC transferred from a facility to a vessel (or GDP Gross Domestic Product card.